Ambry Genetics Announces Settlement in BRCA1/2 Gene Patent Infringement Case
27 January 2015 - 12:13PM
Business Wire
Ambry Genetics (“Ambry”) announces a settlement agreement that
ends the BRCA1 and BRCA2 gene patent infringement litigation
against Ambry that began on July 9, 2013. The case is University of
Utah Research Foundation, et al., v. Ambry Genetics Corporation,
United States District for the District of Utah, Case No.
2:13-cv-00640-RJS.
Under this agreement the plaintiffs, including Myriad Genetics,
the University of Utah Research Foundation, the Trustees of the
University of Pennsylvania, HSC Research and Development LP, and
Endorecherche, Inc. and Ambry agree to dismiss with prejudice their
respective claims and counterclaims against one another in the
BRCA1 and BRCA2 gene patent infringement litigation. Additionally,
the Patent Owners grant a covenant to not sue Ambry under the
patents asserted in the litigation proceedings. The decision to
settle occurs after the United States Court of Appeals for the
Federal Circuit held on December 17, 2014 that claims from three of
the patents covering DNA-based BRCA1 and BRCA2 tests Myriad was
asserting against Ambry did not contain subject matter eligible for
patent protection.
Ambry Genetics was represented by McDermott Will & Emery
before the Federal Circuit Court of Appeals and in the Utah
district court litigation by McDermott Will & Emery and
TraskBritt.
ABOUT AMBRY GENETICS®
Ambry Genetics is a College of American Pathologists
(CAP)-accredited and Clinical Laboratory Improvement Amendments
(CLIA)-certified commercial genetic diagnostics laboratory
headquartered in Aliso Viejo, CA. Ambry Genetics is a leader in
clinical genetic diagnostics and offers the most comprehensive
testing menu in the industry. Hereditary cancer menu highlights
include multi-gene panels for breast cancer, ovarian cancer,
colorectal cancer, renal cancer, pancreatic cancer, paraganglioma,
pheochromocytoma, and more. Ambry Genetics was the first to offer
clinical exome sequencing commercially, and has an extensive menu
including hereditary cardiology and numerous general genetic
testing options. Ambry has established a reputation for sharing
data, unparalleled service, and responsibly applying new
technologies to the clinical molecular diagnostics market. To learn
more about services available through Ambry Genetics,
visit www.ambrygen.com.
Ambry GeneticsHumberto HuertaDirector of
Marketinghhuerta@ambrygen.com949-900-5516